Persuadability Trumps Likeability in a Virginia Prosecutor

Persuadibility to the accused's side is more important than a prosecutor's likeability, says Fairfax DUI lawyer

Persuadability to the criminal defendant's favor always is more desirable in a Virginia assistant commonwealth's attorney / prosecutor than likability that never translates into benefits for the accused's liberty, reputation and livelihood. As a Fairfax criminal lawyer, I know that a Virginia criminal defense lawyer's purpose is not to cultivate friendships with prosecutors and police for an ultimate goal of any friendship with them, but to find common ground with them that overlaps with the accused's interest as much as possible, for getting to yes. When you interview your potential Virginia criminal lawyer(s), feel free to ask them what they do with prosecutors who act even as bad as total a**holes, for pursuing defendant-friendly negotiated settlements, obtaining hard-fought trial stipulations, and obtaining essential discovery / evidence that it not required to disclose pursuant to the governing law, and earlier than required by court order.

Is the assistant Virginia commonwealth's attorney out to get me? If not, why is s/he scowling if persuadability should be at play?

If your Virginia prosecutor is scowling, then -- as with all aspects of interpersonal human contact -- you may rest assured that in plenty, if not most instances, that seeming scowl has nothing or very little to do with you (whether it is because the prosecutor is having a bad day, has experienced a recent serious illness or death or near death in a family member, or feels overwhelmed by their work or simply uncomfortable in their own skin). And if that scowl has anything to do with you or your Virginia criminal defense lawyer, you can ask your lawyer what can be done about it. This reminds me of it only taking a few interactions with a more senior Fairfax prosecutor many years ago (he retired many years ago), from his grabbing an exhibit out of my hand when I offered him a copy of it, and who only a few weeks later opened up more and took my humor for what it was, when I advocated in a minor pre-trial date hearing that my client was not likely to commit the charged theft offense in the future, in part because my client is boring, and boring people can be expected to be less likely to commit such a crime. This prosecutor got a kick out of that argument, and always thereafter acted more human to me and more often in the persuadability zone.

How patient should my Virginia criminal defense lawyer and I be while I await a reply to my case settlement offer, and to be open to persuadability?

Although I do not eat meat, I have nonetheless taken to heart the stories of hunters and fisherpeople who find the right vantage point and sometimes end up waiting a good deal of time before pouncing on their prey. Some prosecutors are worth being patient with for persuadability and criminal case discovery / evidence purposes. With me, plenty of Virginia assistant commonwealth's attorneys shed efforts to intimidate me once they learn that making a concerted effort to overlap the interests of the prosecution, any alleged victim, and my client works better not by acting so distastefully that it would be preferable to have a date with a dung heap, but by remaining open in thought, mind, and ears. In that regard, recently, I obtained great negotiated settlements with two separate prosecutors who, in general, do not produce any warm or fuzzy feelings in criminal defense lawyers. During the process of getting to yes in our negotiations, both said at least a thing or two that challenged me not to feel nor express irritation. Taking a page from taijiquan, I relaxed and sank into the situation, and by doing so, I retooled my engagement with these prosecutors, apparently without them knowing I was doing so.

If my Virginia criminal lawyer and I treat ourselves well, will that enhance our persuadability to obtain great results for our clients in court?

Here are some further takeaways from the foregoing recent positive settlement negotiation results: The less judgmental we are of ourselves, the less judgmental we can be of others, and persuadability kicks in all the more. When we are less judgmental of others, we empower them to do the right thing, and to switch gears from doing the wrong thing to the right thing. When we do not act repulsed -- nor think repulsive thoughts -- in the presence of a person whom we would never dream of breaking bread with, that person will open their heart and mind more to us, and will be more open to be persuaded by us. When we fully love ourselves and those close to us, we can open ourselves more to others -- and not shut them out -- thus inviting them to do the right thing.

Should I go ballistic over a Virginia prosecutor's unintended errors?

When we leave ourselves room to commit some errors, we are more able to give leeway to others to commit errors and encouragement for them to correct those errors, which of course helps achieve successful settlement negotiations. Even if settlement negotiations start getting very unappetizing, at least if the results are to our liking through persuadability, that at least made the proverbial sausage-making on that path more tolerable. For more ideas on how you and your Virginia criminal lawyer can obtain great negotiating results with prosecutors and case disposition results with judges and jurors, see the 15 principles of conscious leadership at conscious[dot]is

Fairfax criminal lawyer Jonathan Katz keeps fighting for your liberty, reputation, and humanity until the battle is complete against Virginia DUI, misdemeanor and felony prosecutions. Call 703-383-1100 to meet with Jon Katz at no charge for your initial in-person consultation about your court-pending case. You may also reach us at info@BeatTheProsecution.com and by text at 571-406-7268.